THIS WEBSITE IS PROVIDED BY JQ ENGINEERING, LLP (“JQ”) AND MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY, THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW (COLLECTIVELY REFERRED TO AS “THIS AGREEMENT”) IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THIS WEBSITE.
Restrictions on Use
Except as otherwise permitted in writing by JQ, no materials from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for personal use only. If you do so, you agree to retain all copyright notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of this Website for public or commercial purposes, including any text, images, audio, or video without JQ’s written permission. You may not mirror any material contained on this Website on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JQ without its express written consent. You may not use any meta tags or any other “hidden text” utilizing JQ’s name or trademarks without the express written consent of JQ. Any unauthorized use terminates the permission or license granted by JQ under this Agreement.
All content included on this Website, including text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Materials”) is the property of JQ or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and JQ owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on this Website, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website, except as specifically permitted below, is strictly prohibited. All marks, names, and logos mentioned on this Website are the property of their respective owners. Your use of such trademarks is strictly prohibited.
JQ grants you a limited, non-exclusive, non-transferable personal license to access, display, and copy the Materials on this Website for personal use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
Disclaimer of Warranties
You expressly agree that use of this Website is at your sole risk. Neither JQ, nor its affiliates, nor any of their officers, directors or employees, agents, third-party content providers, merchants, sponsors or licensors (collectively, “Providers”), warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, JQ does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through this Website. JQ reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website. JQ may make any other changes to this Website, the Materials and the products, programs, services or prices (if any) described in this Website at any time without notice.
THIS WEBSITE AND THE INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE, ARE PROVIDED BY JQ ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. JQ EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. JQ EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, NON-INFRINGEMENT, AND NON-INTERFERENCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation of Liabilities
YOU AGREE THAT JQ AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL JQ OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER JQ OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
Representations and Warranties
By using this Website, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this Website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind any entity for whom you are acting a representative or other agent; (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from JQ for any purpose.
You agree to indemnify, defend and hold harmless JQ, its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys’ fee, arising out of or related in any way to your use of this Website, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
Any dispute relating in any way to your use of this Website shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate JQ’s intellectual property rights, JQ may seek injunctive or other appropriate relief in any court, and you consent to jurisdiction and venue in any such court. Arbitration under this Agreement shall be conducted by a sole arbitrator under the rules and administration of the American Arbitration Association. The site of the arbitration shall be Austin, Texas. The arbitrator’s award shall be binding when rendered and judgment on the award may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Term and Termination
Without limiting its other remedies, JQ may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to this Website.
As a convenience to you, JQ may provide, on this Website, links to Websites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by JQ. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by JQ. JQ does not endorse, make any representations regarding or warrant any information, goods and/or services appearing or offered on any Linked Site, other than linked information authored by JQ. Links do not imply that JQ or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of JQ or any of its affiliates or subsidiaries. Except for links to information authored by JQ, JQ is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. JQ reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods or services appearing thereon.
Choice of Law
This Agreement shall be governed by the laws of the State of Texas.
Limitations on Claims
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises.
This Agreement constitutes the entire agreement between JQ and you with respect this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and JQ with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
JQ may revise this Agreement at any time. Each time you access this Website, you agree to be bound by the terms and conditions of this Agreement then in effect. It is your responsibility to review this Agreement each time you access this Website. JQ does not and will not assume any obligation to notify you of changes to this Agreement.